Reference: 5-14

Question: Is OSHA currently enforcing the recording and reporting requirements of 29 CFR 1904 for COVID-19 cases, fatalities, and hospitalizations?

Answer:

No. The U.S. COVID-19 public health emergency ended on May 11, 2023, and COVID–19 cases and reporting are now treated by the Centers for Disease Control and Prevention (CDC) and medical professionals more like the flu. Further, detection of COVID–19 cases and the public health surveillance mechanisms for COVID–19 have changed since 2021, and the source of COVID-19 infections can be more difficult to determine now than during the public health emergency.

OSHA is currently exercising its enforcement discretion not to cite employers for violations of 29 CFR Part 1904 for failure to record COVID-19 cases or to report COVID-19 fatalities and hospitalizations. This brings the enforcement policy for COVID-19 cases in line with OSHA’s treatment of common cold and flu cases, which are excepted from OSHA’s Part 1904 recordkeeping requirements under 29 CFR 1904.5(b)(2)(viii). The new policy applies to all establishments covered by the recordkeeping and reporting requirements in 29 CFR Part 1904. Please refer to the OSHA memo for the Updated Enforcement Policy for Recording and Reporting of COVID-19: https://www.osha.gov/laws-regs/standardinterpretations/2026-03-31.

For more information, explore OSHA's Recordkeeping Requirements.

Standard Number: 1904.5, 1904 - Table of Contents